1. Federalism
Chapter 4

2. Federalism
Definition: a system on government in which the written constitution divides the powers of government in a territorial basis between a central or national government, and several regional governments, usually called states or provinces.
“The framers found their solution in federalism. In short, the constructed the federal arrangement, with its division of powers, as a compromise. It was an alternative to the system of nearly independent states, loosely tied to another…and a much feared, too powerful central government.”

3. Division of powers
The American system of government stands as a prime example of federalism.
“The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” -10th Amendment
The National government is a government of delegated powers… constitution!
There are 3 kinds of delegated powers; expressed, implied, and inherent.

4. Expressed powers Spelled out, expressly in the constitution
Most can be found in article 1, section 8.
18 clauses gives 27 powers to the congress
Collect taxes, make money, regulate foreign trade, interstate commerce, raise & maintain armed forces, declare war, fix standards of weights & measures, grant patents & copyrights…
Article 2, section 2; powers to the president
Grant pardons, commander in chief of armed forces, make treaties, appoint federal officials…

5. Implied powers “reasonably suggested”
Article 1, section 8, clause 18: gives congress the “necessary and proper power.”
Elastic clause –stretched to cover so many situations over time
Regulation over labor & management, building electric dams, interstate highways, state lines laws; gambling, kidnapping, and stolen goods.
Prohibited racial discrimination
Most justified by “power to regulate interstate commerce”

6. Inherent powers
Because the national government is a sovereign state in a bigger world community…
All national governments have come to possess even if constitution doesn’t say
Power to regulate immigration
Regulate foreign trade
Acquire new lands
“These powers exist because the united states exists”

7. Reserved powers Based on the 10th amendment
These are powers not granted to the national government, but not denied to the states.
Marriage laws, liquor laws, pornography, prostitution, gambling, licensing laws,
Powers denied to the states treaties , alliances, money, or not follow due process of law.

8. Concurrent powers Shared powers
Levy taxes, collect taxes, define crimes & punishment, and condemn private property for public use (eminent domain)

9. The federal system and local governments
More than 87,000 units of local government!
They are parts or subunits of the states
Local governments can provide services, regulate activities, and collect taxes

10. The supreme law of the land
The supremacy clause
The framers anticipated conflict, so they wrote the clause.
Article 6, section 2
“This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the united states, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.”

11. Supreme court and federalism
Clash between states; McCulloch v. Maryland, 1819
Justice John Marshall
The supreme court is the umpire.

12. republic Republic from romans
The constitution requires the national government to guarantee to every state in the union a republican form of government

13. Cooperative federalism
Tug of war, shared powers!
Grants-in-aid programs
Categorical grants
Block grants
Project grants
Revenue sharing

14. Admitting new states Often more than 15 years. 37 new states!
Last was in 1959

15. Enabling act
Act that directs people of a territory to write constitution.
Then voted for In the state for acceptance.
Then submitted to congress, then passes an act of admission

16. More State Stuff… Playing Nice!
Interstate Compacts
Extradition
Article 4, section 2, clause 2
Justice in one state means justice in another state
1945: Williams v. North Carolina
Federal/national extradition